Beyond Collective Countermeasures and Towards an Autonomous External Sanctioning Power? The General Court’s Judgment in Case T-65/18 RENV, Venezuela v Council

Insight

Abstract: In case T-65/18 RENV Venezuela v Council the General Court was confronted with the question of the legality under international law of the EU’s restrictive measures against Venezuela. The judgment is of particular importance as it feeds into the burgeoning discussion regarding the juridical nature, and lawfulness, of EU...

Is EU Investment Policy Fit for Promoting Sustainable Development? Insights from the EU-Angola SIFA

Insight

Abstract: In 2019 the EU Commission launched the ambitious so-called European Green Deal, a set of proposals aimed to revise and update EU legislation and to put in place new initiatives with the goal to ensure that EU policies are in line with climate and SDGs goals. To reach the targets set out by the EU institutions, a crucial role is attributed...

Breaking a Tradition: How Signing of Agreements Is No Longer a Matter for the Council

Insight

Abstract: The European Union has always concluded international agreements with third countries and international organisations as an integral component of its external action. In contrast to its predecessors, the Treaty of Lisbon introduced a uniform procedural framework for the negotiation and conclusion of international agreements in art. 218...

Who You Gonna Call? Insights from the ECJ’s Case C-551/21 on the Signature of International Agreements

Insight

Abstract: The current Insight analyses the judgment of the European Court of Justice in Case C-551/21, which upheld the Commission's claim regarding its right to exercise the external act of treaty signature. The decision sheds light on the signature procedure outlined in art. 218 TFEU and adds to previous cases, clarifying the proper...

The Human-centric Perspective in the Regulation of Artificial Intelligence

Insight

Abstract: The development of new emerging technologies, such as artificial intelligence, has sparked a scientific debate on their risks and benefits. This debate necessitates legal and regulatory considerations, particularly regarding the balance between technological growth and the protection of human rights. This Insight analyses the...

Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?

Insight

Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

Staatsanwaltschaft Aachen, ovvero la tutela dei diritti fondamentali sulla base del test LM nelle procedure di trasferimento interstatale di detenuti

Insight

Abstract: In the judgment handed down on 9 November 2023 by the Court of Justice in Staatsanwaltschaft Aachen, the Court has acknowledged that the two-step test aimed at protecting fundamental rights, which was developed in relation to the European Arrest Warrant in Aranyosi and Căldăraru and confirmed by subsequent judgments – in...

El Impacto de la Accesibilidad en el Derecho a la Vida Privada y Familiar

Insight

Abstract: Persons with disabilities keep struggling to enjoy their rights on equal conditions with other people despite being granted the right of non-discrimination under several international treaties. The European Court of Human Rights (ECtHR) is increasingly turning to a systemic interpretation of the European Convention on Human Rights with the...

Five Surgical Strikes on the Treaties of the European Union

Insight

An Unusual Insight: A short premise by the Board of Editors. This is an unusual Insight. It does not look at the existing law of the Union but rather at its possible and auspicious development. It does not ad-dress only the scholarly world, but also the much wider circle of persons interested in the future of the Union. In spite of this feature, or...

The Court of Justice Finally Rules on the Analogical Application of Art. 351 TFEU: End of the Story?

Highlight

Keywords: article 351 TFEU – prior agreements – Member States international obligations – treaty conflict – conflict clause – analogical application.

As is well-known, art. 351 TFUE is a so-called conflict clause within the meaning of art. 30(2) of the Vienna Convention of the Law of Treaties. Conflict rules are common...

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